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    Cliffycoates's Avatar
    Cliffycoates Posts: 2, Reputation: 1
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    #1

    Jun 3, 2011, 07:30 PM
    Pa probate eviction?
    I am the last man standing.. My father has a 10 year old will stating 50 /50 between me and sister. So the PA condo MDU is 50 percent mine and I live here. Have paid all the taxes since passing, and some while he was still living. Even paid for a new roof out of a cash settlement and how I paid for the taxes and other repairs. He died labor day 2010. In 2009 as his health declined I had him sign a living trust as power of attorney. Making me 100% beneficiary. Now I have this Probate Attorney moving forward with Probate saying he is going to evict me as a hold over tenant. My sister is Executrix of the will. I can pretty easily look at what I have paid out in bills that know rent money is really due to my sister. To me just sounds more and more that they are trying hard to hustle me out of here. And this along with me having him sign the Living Trust is hard for me to believe.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 3, 2011, 07:41 PM

    And your question is?

    If the will gives you 50% ownership then you can't be evicted. But she could force a sale.

    Do you have an attorney?
    Cliffycoates's Avatar
    Cliffycoates Posts: 2, Reputation: 1
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    #3

    Jun 3, 2011, 07:45 PM
    Comment on ScottGem's post
    No I have not hired a attorney yet...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 3, 2011, 07:49 PM

    When posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

    If you are going up against an attorney without your own representation, you start with two strikes against you. Get an attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jun 3, 2011, 08:49 PM

    Yes you need an attorney, first power of attorneys end at his death, so unless there is a new will, the 11 year old one stands. If after your dads death, the place needed a new roof, the estate should have paid, or you and sister split the payment. But if it was not even discussed, they may view it as a gift or expense for you to live there.

    Agreed also, that most likely can not evict you, since you should be 1/2 owner, but they could force a sale.

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